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Urgent Pls pls advice - Need some help with support evidences in suing the LL

Hi,
I have posted a seperate thread on my problem earlier and have recieved some valuable advices from the people here.
To cut the story short, the LL has not refunded my deposit amount and I had mould problems in my house soon after occupying the house. I reported the problem to the Letting agent and the LL within 3 months of occupying the property - but, it was not resolved through out my tenancy of 14 months.
Now, the reason for not refunding the deposit is stated as repainting the apartment and cleaning.

I have a hearing date of 20 May and I have filed the case against the LA and the LL but have sent the papers to the LA. They have defended the case saying that the cost of repairing the apartment was more than the deposit amount but they are claiming the extra costs.

As I have to send in my support docs, I really need some advice from you people. I have gone through eagerLearners thread...but, I need some advice specific to my case.

I managed to get in touch with the current tenants of my flat and it looks like the mould problem is still there. I would like to present this to the court - can someone tell me which the best way of doing this? Can I take a photo of the moulds and present it? Not sure, if the current tenants will let me do it - but, I can seek their help. If not, what is the best way of explaining the current status of the flat to the judge?

Also, the court hearing is in Belfast and I have now relocated to Edinburgh. Can I claim the flight charges as well in my case now? If so, how do I state that?

Pls kindly provide me with your advices as it will be very helpful in presenting my case. I have lost £530 to the LL and this is a huge amount for me which I cant afford. As I have to travel to Belfast now, i am really worried about the extra costs now...and so, I really have to present my case well.

Many thanks
Credit card debt:
MBNA: £1000
RBS: £3500
«1345

Comments

  • hi yatin

    Have you thought about applying for the hearing to be moved to a court closer to you. It's quite an easy procedure just ask at your local court office. At least this would keep your costs down if it was local. However, if the court didn't find in your favour you may have to pay the LL travel costs.

    Re your costs - Have you put a lose of a days wages in your claim? My friend had a similar problem to you and it went in her favour. She got all her expenses paid inc. a days pay for her leave.

    I'd try and delay it a little to give you some more time to preapre yourself. Collect as much evidence as possible especially any proof you'd reported the problem, piccies etc. Have you any friends or family that could go with you just for a bit of morale support on the day.

    Just another thought.... how was the LL holding your deposit? The law has recently changed and it must now be held in an approved Tentant Deposit Protection scheme. If it's not your LL can be fined and you awarded 3x your deposit.

    Sorry I can't offer anymore advice, but I'm sure someone will be along soon who'll have more information for you.


    Good Luck & let us know how you get on.
    LMB 01/03/08£9001.61 £10/6 6089.70 - 32%paid off!
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  • yatin123
    yatin123 Posts: 216 Forumite
    Part of the Furniture Combo Breaker
    Thanks very much helicopter...I have just mentioned the deposit cost + interest. Can I put in additional cost including my loss of pay for a day and the travel expenses at the time of hearing or along with the supporting docs??
    Credit card debt:
    MBNA: £1000
    RBS: £3500
  • bigheadxx
    bigheadxx Posts: 3,047 Forumite
    You should be able to get the case transferred to your local court.
    The Deposit Protection Scheme came into force for deposits handed over after April 2007.
    The landlord is not entitled to charge the tenant the full cost of any repairs or to be put in a better position.
    Look at this link for some info on how deposit disputes can be dealt with.www.arla.co.uk/info/depdisdam.htm
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i dont know if you can ask for a transfer to a Scottish court -(their laws are often very different to the rest of the uk) and i dont know if the Deposit Protection scheme applied to northern ireland. Phone your local court and ask the officials about transfer.

    Taking someone to court is always a gamble - you must be financially prepared to lose as well as win. You can submit "Witness Statements" which are called "Statements of Truth" by friends who saw the house while you lived there, or by the current tenants about the state of the house when they moved in - if you have photographs submit those.

    mostly the judge will see who is telling the truth and who is not - they are not fools - they have heard many lies from awful landlords for years....

    you can take a "Mackenzies Friend" with you to court - someone to sit with you and support you.

    dont forget to include records or all phone conversations and emails ..

    good luck

    good luck
  • yatin123
    yatin123 Posts: 216 Forumite
    Part of the Furniture Combo Breaker
    Thanks very much clutton. Could you pls tell me if I can include additional costs (for transport and loss of pay) at the time of hearing?
    Credit card debt:
    MBNA: £1000
    RBS: £3500
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    you can claim whatever you like but it is always up to the judge as to how much of your expenses he allows if you win

    judges do like to see evidence of attempts at settlement out of court - have you offered the other side mediation as an initial way of resolving the dispute - if they turn it down it makes you look really reasonable and conciliatory. (National mediation service in england)
  • tbs624
    tbs624 Posts: 10,816 Forumite
    bigheadxx wrote: »
    The Deposit Protection Scheme came into force for deposits handed over after April 2007
    ..but not for Scotland and Northern Ireland.

    Yatin - looking back at your other posts I notice that you mention mould concerns in your new home too. You may find some of the information here useful, on what both LL and tenants can do http://www.landlordzone.co.uk/pdf/Mould.pdf - some of the info may come in handy during the case. Also - if you are sure that it was not condensation you can read up on the duty of care and defective premises here: http://northernireland.shelter.org.uk/files/seealsodocs/24107/prsrepairs2006%2Epdf

    As Clutton has said, it is important to be able to show that you are going to court as a last resort and that you can show that you have tried other means of resolution.
  • yatin123
    yatin123 Posts: 216 Forumite
    Part of the Furniture Combo Breaker
    Hi, thanks for all your advices. I am almost done with preparing my supporting documents. I am planning to submit a copy of the arla document abt deposit disputes. But, would like to know if the ARLA is applicable in Northern Ireland?
    Please can someone advice me??
    Credit card debt:
    MBNA: £1000
    RBS: £3500
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    i think you need to contact shelter - they will know the law in your area
  • tbs624
    tbs624 Posts: 10,816 Forumite
    yatin123 wrote: »
    Hi, thanks for all your advices. I am almost done with preparing my supporting documents. I am planning to submit a copy of the arla document abt deposit disputes. But, would like to know if the ARLA is applicable in Northern Ireland?
    Please can someone advice me??
    The ARLA Code of Conduct only applies to any LA who is a member, and your agent may not be: there is only one Belfast member listed. The LL or LA may however be members of a local Association and signed up to another code, but there is plenty scope for a remedy for you under the law anyway, regardless of codes of conduct. Do check with Shelter if you need clarification - the link is further back up this page.:smiley:
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